Washington Used Car Lemon! Help Please!

[Kittau]

I bought a used 05 Trailblazer from the local Nissan dealership here in Spokane Washington about almost a month ago. 3 weeks after I bought it, the check engine light came on. I took it to O'Reilly for a free scan, and the code that came back was emissions related. I took the car back to the dealer to get it looked at, but they wanted $105 just to diagnose the issue, even though it's under warranty. I instead had a mechanic friend look at it, and while he couldn't diagnose the issue, he showed me that the starter was covered in rust, and there were water/rust spots behind the dash and in places in the engine where the only way they would get there is if the car was submerged in water. We checked out the Carfax report and there was no mention of a flood, but the Nissan dealership claimed to do an emissions system service.

According to my friend, there is no way the mechanics at the dealership could have missed the signs of the water damage. This and the emissions issue, along with the fact that the dealership is wanting $105 just to look at it even though it's under warranty has me really worried. I know there's no lemon law for used cars, but I'm thinking I might have a UDAP case. I can't find any info on how to file anything, or any other approach that may help me. Any advice or help would be much appreciated.

 

[OHRoadwarrior]

They have no liability for conveying a clear title. A Trailblazer could easily have been driven off road in the water frequently. I suspect you have a limited warranty. They do not cover computer modules etc...

 

[sandyclaus]

I bought a used 05 Trailblazer from the local Nissan dealership here in Spokane Washington about almost a month ago. 3 weeks after I bought it, the check engine light came on. I took it to O'Reilly for a free scan, and the code that came back was emissions related. I took the car back to the dealer to get it looked at, but they wanted $105 just to diagnose the issue, even though it's under warranty. I instead had a mechanic friend look at it, and while he couldn't diagnose the issue, he showed me that the starter was covered in rust, and there were water/rust spots behind the dash and in places in the engine where the only way they would get there is if the car was submerged in water. We checked out the Carfax report and there was no mention of a flood, but the Nissan dealership claimed to do an emissions system service.

According to my friend, there is no way the mechanics at the dealership could have missed the signs of the water damage. This and the emissions issue, along with the fact that the dealership is wanting $105 just to look at it even though it's under warranty has me really worried. I know there's no lemon law for used cars, but I'm thinking I might have a UDAP case. I can't find any info on how to file anything, or any other approach that may help me. Any advice or help would be much appreciated.

They have no liability for conveying a clear title. A Trailblazer could easily have been driven off road in the water frequently. I suspect you have a limited warranty. They do not cover computer modules etc...

Ditto this. What EXACTLY is your "limited" warranty supposed to cover, and for how long? What did your private mechanic say when you had the vehicle inspected from nose to tail prior to completing the sale? (HINT: What you're now discovering is probably NOT covered by your warranty, and a mechanical inspection of the vehicle is ALWAYS recommended prior to purchasing ANY used vehicle in order to get an unbiased and detailed report on what is and isn't wrong with it before you buy.)

 

[swalsh411]

You bought a 7 year old truck that is frequently used to go off roading and you did not have it inspected?

Enjoy your new truck!

 

[Kittau]

My girlfriend and I bought it together, and we had thought that by purchasing the car from an actual dealer instead of one of the shady used car sales lots that it would be ok. We made the mistake of not getting it checked out before we purchased it sure. However, there are rust water spots inside the fuse box casing lid, in the air filter casing and hose behind the filter, and between the firewall and the back of the dash inside the cab, and along the edges of the interior carpet there is what appears to be rust stains. These are signs of flood damage, and signs that the service department couldn't have missed. My main question was whether this would be covered by UDAP laws, specifically regarding failure to disclose issues with the vehicle prior to sale, and how or where to file a claim.

 

[Zigner]

The WA "lemon law" doesn't apply to new vehicles.

See http://www.atg.wa.gov/LemonLaw/default.aspx

There is also a link there regarding the implied warranty for used vehicles.


ETA: See https://ask-a-lawyer.freeadvice.com/law-questions/am-i-covered-under-the-ud-58009.htm also.

 

[sandyclaus]

My girlfriend and I bought it together, and we had thought that by purchasing the car from an actual dealer instead of one of the shady used car sales lots that it would be ok. We made the mistake of not getting it checked out before we purchased it sure. However, there are rust water spots inside the fuse box casing lid, in the air filter casing and hose behind the filter, and between the firewall and the back of the dash inside the cab, and along the edges of the interior carpet there is what appears to be rust stains. These are signs of flood damage, and signs that the service department couldn't have missed. My main question was whether this would be covered by UDAP laws, specifically regarding failure to disclose issues with the vehicle prior to sale, and how or where to file a claim.

Dealers aren't often any more reliable than a shady used car lot (as you are now finding out).

You are making the assumption that the damages your mechanic found after the fact were, indeed, caused by water damage in a flood. You are also assuming that the service department actually serviced this vehicle before selling it to you. It's far more likely that they just gave it a brief once-over to make sure it ran, washed it, and put it on the sales floor. If they also did an emission systems service, all that means is that it passed smog checking, NOT that they did any kind of overhaul or repairs on the vehicle. In fact, that "check engine" light that came on could simply mean that you got dirty fuel, and the car is retaliating against you. That, or whatever problem may well have come up after you bought it (yes, it happens).

Bottom line here is that if you want to avail yourself of UDAP laws, you'd have to prove that the dealership KNOWINGLY sold you a vehicle with problems or issues that they intentionally failed to disclose. So far, you have nothing solid enough to provide that proof - and NOTHING that couldn't have been discovered during a pre-purchase mechanical inspection - which is the primary goal of having one in the first place.

You still haven't told us what your warranty is supposed to cover, nor whether or not the issue with the "check engine" light is supposed to be covered. I suspect that, since the dealer is trying to charge for diagnostic work on that, that such an issue is NOT covered under your warranty. That means any problems you find now are yours - and YOURS to deal with and pay for.

I like to channel Ronald Reagan with his "Trust, but verify". NEVER buy a used vehicle without having your own PRIVATE mechanic do a full tip-to-toe inspection so that you know exactly what you're getting into. If the price is right, then buy. If not, then you have enough information to walk away.

At this point, the only thing I can tell you is "Enjoy your new car."

 

[swalsh411]

Dealerships purposely do NOT inspect cars so they can honestly say they didn't knowingly sell it with issues like yours has.

And even if that was not their motivation for not inspecting it, it's unrealistic to expect that they would perform a complete inspection on every vehicle on their lot.

So, for both reasons, the onus was on you to get it inspected and now you are finding out why.

 

[racer72]

UDAP applies to financial institutions, not used car dealers.